Jerome M. Eisenberg, Inc. v. Hall

It is undisputed that both plaintiff and defendants shared the mistaken belief that the sculptures at issue were “ancient,” and that the purchase prices were based on that assumption. Nevertheless, the majority affirms the denial of plaintiff’s motion for summary judgment on its cause of action for breach of contract on the ground that “issues of fact exist as to whether plaintiff bore the risk of that mistake due to its ‘[c]onscious ignorance’ of the items’ authenticity.” Because I believe that the requisite “meeting of the minds” is absent (see County of Orange v Grier, 30 AD3d 556, 556-557…